This guide contains generic forms and instructions for filing a typical motion, opposition, or reply in California state court. 1. Complaint submitted with this Motion be deemed filed. 2.The Motion is made pursuant to California Code of Civil Procedure section 473(a)(1) and. Examples of a change in circumstances include: A change in custody or parenting time with the child(ren). A significant change in the income of either parent. The same form as the Complaint. Just check the box that says "Amended" and put the number. Unless a court has ordered otherwise, a party may amend a pleading without leave of court, but subject to disallowance on the. Since no one has appeared yet, you can file a first amended complaint, and you don't need court permission. For the reasons described above, the Court GRANTS Defendants' Motion to Dismiss WITHOUT PREJUDICE.